Rothbury City Zoning Code
NONCONFORMING USES
STRUCTURES, AND LOTS
§ 154.360 DESCRIPTION AND PURPOSE.
(A) The purpose of this subchapter is to allow any lawful use existing at the time of the adoption or amendment of this chapter.
(B) Lawful existing uses may be continued notwithstanding the fact that the use becomes nonconforming under this chapter as adopted or amended.
(Prior Code, § 154.324) (Ord. 48, passed 6-21-2005)
§ 154.361 CONTINUING EXISTING USES.
The lawful use of any dwelling, building, or structure and of any land or premises as existing and lawful at the time of enactment of this chapter, or in the case of an amendment to this chapter, may be continued although the use does not conform with the provisions of this chapter or of the amendment, except as provided in this section.
(Prior Code, § 154.325) (Ord. 48, passed 6-21-2005)
§ 154.362 EXTENSIONS; ENLARGEMENTS; MOVING.
(A) (1) A nonconforming use, building, or structure may be enlarged or expanded by up to 10%; provided that the enlargement meets the required setbacks and the other requirements set forth in the zoning district in which the building is located.
(2) No nonconforming use, building, or structure may be moved or relocated within the village, unless the move or relocated use, building, or structure shall thereby constitute a conforming use and comply with all other applicable statutes and ordinances.
(B) (1) Nonconforming uses that are not located within a building or structure may not be expanded to land not actually in use at the time of the adoption of this chapter or any amendment to these provisions thereto.
(2) Nonconforming uses having multiple buildings or structures shall not be expanded by construction of an additional building or structure.
(Prior Code, § 154.326) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.363 NONCONFORMING USES DISCONTINUED.
No building, structure, or premises where a nonconforming use has ceased for more than nine months, or has been changed to a use permitted in the district in which it is located, shall again be resumed to a nonconforming use.
(Prior Code, § 154.327) (Ord. 48, passed 6-21-2005)
§ 154.364 CHANGE OF NONCONFORMING USES.
A nonconforming use may be changed to another nonconforming use if the Zoning Board of Appeals finds that the new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses.
(Prior Code, § 154.328) (Ord. 48, passed 6-21-2005)
§ 154.365 NONCONFORMING STRUCTURES AND USES.
Any structure or use which, when constructed, complied with the height, area, dimension, and any other size regulations of the ordinance in effect at the time of its construction may continue notwithstanding the fact that the structure or use becomes nonconforming as to height, area, dimension, or other regulations of this chapter as adopted or amended.
(Prior Code, § 154.329) (Ord. 48, passed 6-21-2005)
§ 154.366 RESTORATION AND REPAIR OF DAMAGED BUILDINGS; ALTERATIONS.
(A) Repairs and maintenance may be made to keep a nonconforming structure in sound condition.
(B) A nonconforming building or structure suffering from wear and tear, neglect, deterioration, and depreciation may be repaired or rehabilitated according to the current Building Code for new construction.
(C) (1) If a building or structure is damaged less than 75% of its current market value by fire, wind, natural elements, collapse, public enemy, a calamity commonly referred to as an “Act of God,” or any other casualty, the building or structure shall be deemed partially destroyed and may be repaired, restored, reconstructed, or rebuilt and its use resumed.
(2) The building shall be rebuilt on its existing footprint, or anywhere on the lot that would render the structure less nonconforming.
(3) The building or structure shall be repaired, restored, reconstructed, or rebuilt according to the current Building Code for new construction.
(D) If a building or structure is damaged or destroyed more than 75% of its current market value by fire, wind, natural elements, collapse, public enemy, a calamity commonly referred to as an “Act of God,” or any other casualty, then the building shall be deemed totally destroyed and may be repaired, restored, reconstructed, or rebuilt; provided that the rebuilt building complies with the required setbacks, building size, and other requirements set forth in the zoning district in which the building is located.
(E) Current market value will be determined by the mean of two independent appraisals, or by calculating 200% of parcel state equalized value, whichever is greater.
(F) The cost of repairs will be determined by the mean estimate of two licensed contractors.
(G) A zoning permit must be secured before reconstruction of a building. The Zoning Administrator shall determine the extent of the destruction, deterioration, or depreciation before issuing a zoning permit.
(Prior Code, § 154.330) (Ord. 48, passed 6-21-2005)
§ 154.367 NONCONFORMING LOTS.
The Zoning Administrator may permit single-family dwellings on lots of record not meeting the dimensions or other requirements of the zoning district in which they are located upon making the following determinations:
(A) The lots are in single ownership;
(B) There is no practical possibility of obtaining more land;
(C) The proposed use reasonably cannot be located on the lot such that the minimum requirements are met;
(D) The proposed use will not adversely affect adjacent properties or the character of the neighborhood;
(E) Side yards of at least five feet will be provided; and
(F) Off-street parking requirements will be met.
(Prior Code, § 154.331) (Ord. 48, passed 6-21-2005)
§ 154.368 DETERMINATION OF A LOT OF RECORD.
(A) Upon application of any person claiming to be the property owner of the legal or equitable title to a parcel of land that was the subject of a deed or land contract not recorded in the office of the Register of Deeds on the effective date of the ordinance, the Zoning Administrator is authorized to determine whether the property owner is entitled to have the parcel treated as a lot of record in accordance with this chapter
(B) The Zoning Administrator shall grant the variance when he or she finds, by a preponderance of the evidence, that the instrument under which the premises is being purchased was executed prior to the effective date of this chapter, or amendments thereto.
(C) In making his or her determination, the Zoning Administrator is authorized to consider all matters it deems relevant, including, but not limited to: the tax roll of the village; the relationship of the parties to the purported transfer; the degree of formality of the purported document of transfer; and the testimony of the applicant and his or her witnesses.
(D) Such a determination shall have only the effect of equating such a property owner with the owner of a lot of record, and shall not relieve the property owner from complying with the other conditions set forth in this chapter in order that a zoning permit be granted.
(Prior Code, § 154.332) (Ord. 48, passed 6-21-2005)